(705 ILCS 405/Art. II heading)
(705 ILCS 405/2-1) (from Ch. 37, par. 802-1)
Sec. 2-1.
Jurisdictional facts.
Proceedings may be instituted under the
provisions of this Article concerning boys and girls who are abused,
neglected or dependent, as defined in Sections 2-3 or 2-4.
(Source: P.A. 85-601.)
(705 ILCS 405/2-2) (from Ch. 37, par. 802-2)
Sec. 2-2. Venue.
(1) Venue under this Article lies in the county where
the minor resides or is found.
(2) If proceedings are commenced in any county other than that of the
minor's residence, the court in which the proceedings were initiated may at
any time before or after adjudication of wardship transfer the case to the
county of the minor's residence. Transfer in like manner may be made in the event of a
change of residence from one county to another of a minor concerning whom
proceedings are pending.
(3) Not later than the 15th working day after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. The clerk of the receiving court shall set a status hearing within 10 business days of receipt of the case and shall notify the judge of the receiving court and all parties.
(4) The receiving court shall review the court record immediately upon receipt. Within 20 business days of receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Until the transferring court receives this notice, it continues to have jurisdiction over the case. If for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days of receiving the case, send a notice to the transferring court indicating its reasons. The transferring court shall continue its jurisdiction of the case and shall set the matter for status within 20 business days.
(Source: P.A. 102-164, eff. 7-26-21.)
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include:
Whether the minor was left without regard for the mental or physical health,
safety, or welfare of that minor or the period of time was unreasonable shall
be determined by considering the following factors, including but not limited
to:
A minor shall not be considered neglected for the sole reason that the
minor has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act.
(2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose
parent or immediate family member, or any person responsible
for the minor's welfare, or any person who is in the same family or household
as the minor, or any individual residing in the same home as the minor, or
a paramour of the minor's parent:
A minor shall not be considered abused for the sole reason that the minor
has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act.
(3) This Section does not apply to a minor who would be included
herein solely for the purpose of qualifying for financial assistance for
himself, his parents, guardian or custodian.
(4) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly.
(Source: P.A. 101-79, eff. 7-12-19.)
(705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
Sec. 2-4. Dependent minor.
(1) Those who are dependent include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday:
(2) This Section does not apply to a minor who would be included
herein solely for the purpose of qualifying for financial assistance for
himself, his parent or parents, guardian or custodian or to a minor solely because his
or her parent or parents or guardian has left the minor for any period of time in the care
of an adult relative, who the parent or parents or guardian know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act.
(3) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly.
(Source: P.A. 101-79, eff. 7-12-19.)
(705 ILCS 405/2-4a)
Sec. 2-4a. (Repealed).
(Source: P.A. 102-588, eff. 8-20-21. Repealed by P.A. 102-259, eff. 8-6-21.)
(705 ILCS 405/2-4b)
Sec. 2-4b. Family Support Program services; hearing.
(a) Any minor who is placed in the custody or guardianship of the Department of Children and Family Services under Article II of this Act on the basis of a petition alleging that the minor is dependent because the minor was left at a psychiatric hospital beyond medical necessity, and for whom an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services at the time the petition was filed, shall continue to be considered eligible for services if all other eligibility criteria are met.
(b) The court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. At the hearing, the court shall determine whether to vacate the custody or guardianship of the Department of Children and Family Services and return the minor to the custody of the respondent with Family Support Program services or whether the minor shall continue to be in the custody or guardianship of the Department of Children and Family Services and decline the Family Support Program services. In making its determination, the court shall consider the minor's best interest, the involvement of the respondent in proceedings under this Act, the involvement of the respondent in the minor's treatment, the relationship between the minor and the respondent, and any other factor the court deems relevant. If the court vacates the custody or guardianship of the Department of Children and Family Services and returns the minor to the custody of the respondent with Family Support Services, the Department of Healthcare and Family Services shall become fiscally responsible for providing services to the minor. If the court determines that the minor shall continue in the custody of the Department of Children and Family Services, the Department of Children and Family Services shall remain fiscally responsible for providing services to the minor, the Family Support Services shall be declined, and the minor shall no longer be eligible for Family Support Services.
(c) This Section does not apply to a minor:
(Source: P.A. 100-978, eff. 8-19-18; 101-81, eff. 7-12-19.)
(705 ILCS 405/2-5) (from Ch. 37, par. 802-5)
Sec. 2-5.
Taking into custody.
(1) A law enforcement officer may, without a warrant, take into
temporary custody a minor (a) whom the officer with reasonable cause
believes to be a person described in Section 2-3 or 2-4; (b) who has been
adjudged a ward of the court and has escaped from any commitment ordered by
the court under this Act; or (c) who is found in any street or public place
suffering from any sickness or injury which requires care, medical
treatment or hospitalization.
(2) Whenever a petition has been filed under Section 2-13 and the
court finds that the conduct and behavior of the minor may endanger the
health, person, welfare, or property of himself or others or that the
circumstances of his home environment may endanger his health, person,
welfare or property, a warrant may be issued immediately to take the minor
into custody.
(3) The taking of a minor into temporary custody under this Section is
not an arrest nor does it constitute a police record.
(Source: P.A. 85-601.)
(705 ILCS 405/2-6) (from Ch. 37, par. 802-6)
Sec. 2-6.
Duty of officer.
(1) A law
enforcement officer who takes a minor into custody under Section 2-5
shall immediately make a reasonable attempt to
notify the parent or other person legally responsible for the minor's
care or the person with whom the minor resides that the minor has been
taken into custody and where he or she is being held.
(a) A law enforcement officer who takes a minor into custody with a
warrant shall without unnecessary delay take the minor to the nearest
juvenile police officer designated for such purposes in the county of venue.
(b) A law enforcement officer who takes a minor into custody without a
warrant shall place the minor in temporary protective custody and shall
immediately notify the Department of Children and Family Services by
contacting either the central register established under 7.7 of the Abused
and Neglected Child Reporting Act or the nearest Department of Children and
Family Services office. If there is reasonable cause to suspect that a
minor has died as a result of abuse or neglect, the law enforcement officer
shall immediately report such suspected abuse or neglect to the appropriate
medical examiner or coroner.
(Source: P.A. 85-601.)
(705 ILCS 405/2-7) (from Ch. 37, par. 802-7)
Sec. 2-7.
Temporary custody.
"Temporary custody" means the
temporary placement of the minor out of the custody of his or her guardian
or parent, and includes the following:
(1) "Temporary protective custody" means custody within a hospital or
other medical facility or a place previously designated for such custody by
the Department of Children and Family Services, subject to review by the
court, including a licensed foster home, group home, or other institution.
However, such place shall not be a jail or other place for the detention of
the criminal or juvenile offenders.
(2) "Shelter care" means a physically unrestrictive facility designated
by the Department of Children and Family Services or a licensed child
welfare agency, or other suitable place designated by the court for a minor
who requires care away from his or her home.
(Source: P.A. 85-601.)
(705 ILCS 405/2-8) (from Ch. 37, par. 802-8)
Sec. 2-8.
Investigation; release.
When a minor is delivered to the
court, or to the place designated by the court under Section 2-7 of this Act,
a probation officer or such other public officer designated by the court
shall immediately investigate the circumstances of the minor and the
facts surrounding his or her being taken into custody. The minor shall be
immediately released to the custody of his or her parent, guardian, legal
custodian or responsible relative, unless the probation officer or such
other public officer designated by the court finds that further
temporary protective custody is necessary, as provided in Section 2-7.
(Source: P.A. 85-601.)
(705 ILCS 405/2-9) (from Ch. 37, par. 802-9)
Sec. 2-9.
Setting of temporary custody hearing; notice; release.
(1) Unless sooner released, a minor as defined in Section 2-3 or 2-4 of this
Act taken into temporary protective custody must be brought before a
judicial officer within 48 hours, exclusive of Saturdays, Sundays and
court-designated holidays, for a temporary custody hearing to determine
whether he shall be further held in custody.
(2) If the probation officer or such other public officer designated
by the court determines that the minor should be retained in custody, he
shall cause a petition to be filed as provided in Section 2-13 of this Article,
and the clerk of the court shall set the matter for hearing on the
temporary custody hearing calendar. When a parent, guardian, custodian or
responsible relative is present and so requests, the temporary custody
hearing shall be held immediately if the court is in session, otherwise
at the earliest feasible time. The petitioner through counsel or such other public
officer designated by the court shall insure notification to the minor's
parent, guardian, custodian or responsible relative of the time and place
of the hearing by the best practicable notice, allowing for oral notice in
place of written notice only if provision of written notice is unreasonable
under the circumstances.
(3) The minor must be released from temporary protective custody at the
expiration of the 48 hour period specified by this Section if not
brought before a judicial officer within that period.
(Source: P.A. 87-759.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of the
minor before the court at the temporary custody hearing, all
witnesses present shall be examined before the court in relation to any
matter connected with the allegations made in the petition.
(1) If the court finds that there is not probable cause to believe
that the minor is abused, neglected or dependent it shall release
the minor and dismiss the petition.
(2) If the court finds that there is probable cause to believe that
the minor is abused, neglected or dependent, the court shall state in writing
the factual basis supporting its finding and the minor, his or her parent,
guardian, custodian and other persons able to give relevant testimony
shall be examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated reports of abuse
and neglect, of which they are aware through the central registry,
involving the minor's parent, guardian or custodian. After such
testimony, the court may, consistent with
the health,
safety and best interests of the minor,
enter an order that the minor shall be released
upon the request of parent, guardian or custodian if the parent, guardian
or custodian appears to take custody. If it is determined that a parent's, guardian's, or custodian's compliance with critical services mitigates the necessity for removal of the minor from his or her home, the court may enter an Order of Protection setting forth reasonable conditions of behavior that a parent, guardian, or custodian must observe for a specified period of time, not to exceed 12 months, without a violation; provided, however, that the 12-month period shall begin anew after any violation. "Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the State which has been given custody or wardship of the child. If it is
consistent with the health, safety and best interests of the
minor, the
court may also prescribe shelter care and
order that the minor be kept in a suitable place designated by the court or in
a shelter care facility designated by the Department of Children and Family
Services or a licensed child welfare
agency; however, on and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a
criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent
shall not be placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less than 16
years of age and committed to the Department of Children and Family Services
under Section 5-710 of this Act or a minor for whom an independent
basis of
abuse, neglect, or dependency exists; and on and after January 1, 2017, a minor charged with a
criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent
shall not be placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less than 15 years of age and committed to the Department of Children and Family Services
under Section 5-710 of this Act or a minor for whom an independent
basis of
abuse, neglect, or dependency exists.
An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency.
In placing the minor, the Department or other
agency shall, to the extent
compatible with the court's order, comply with Section 7 of the Children and
Family Services Act.
In determining
the health, safety and best interests of the minor to prescribe shelter
care, the court must
find that it is a matter of immediate and urgent necessity for the safety
and protection
of the minor or of the person or property of another that the minor be placed
in a shelter care facility or that he or she is likely to flee the jurisdiction
of the court, and must further find that reasonable efforts have been made or
that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to
prevent or eliminate the necessity of removal of the minor from his or her
home. The court shall require documentation from the Department of Children and
Family Services as to the reasonable efforts that were made to prevent or
eliminate the necessity of removal of the minor from his or her home or the
reasons why no efforts reasonably could be made to prevent or eliminate the
necessity of removal. When a minor is placed in the home of a relative, the
Department of Children and Family Services shall complete a preliminary
background review of the members of the minor's custodian's household in
accordance with Section 4.3 of the Child Care Act of 1969 within 90 days of
that placement. If the minor is ordered placed in a shelter care facility of
the Department of Children and
Family Services or a licensed child welfare agency, the court shall, upon
request of the appropriate Department or other agency, appoint the
Department of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the minor and the
court may enter such other orders related to the temporary custody as it
deems fit and proper, including the provision of services to the minor or
his family to ameliorate the causes contributing to the finding of probable
cause or to the finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, the Department of Children and Family Services shall file with the court and serve on the parties a parent-child visiting plan, within 10 days, excluding weekends and holidays, after the appointment. The parent-child visiting plan shall set out the time and place of visits, the frequency of visits, the length of visits, who shall be present at the visits, and where appropriate, the minor's opportunities to have telephone and mail communication with the parents.
Where the Department of Children and Family Services Guardianship Administrator is
appointed as the executive temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with the court and serve on the
parties a sibling placement and contact plan within 10 days, excluding weekends and
holidays, after the appointment. The sibling placement and contact plan shall set forth
whether the siblings are placed together, and if they are not placed together, what, if any,
efforts are being made to place them together. If the Department has determined that it is
not in a child's best interest to be placed with a sibling, the Department shall document in
the sibling placement and contact plan the basis for its determination. For siblings placed
separately, the sibling placement and contact plan shall set the time and place for visits,
the frequency of the visits, the length of visits, who shall be present for the visits, and
where appropriate, the child's opportunities to have contact with their siblings in addition to
in person contact. If the Department determines it is not in the best interest of a sibling to
have contact with a sibling, the Department shall document in the sibling placement and
contact plan the basis for its determination. The sibling placement and contact plan shall
specify a date for development of the Sibling Contact Support Plan, under subsection (f) of Section 7.4 of the Children and Family Services Act, and shall remain in effect until the Sibling Contact Support Plan is developed.
For good cause, the court may waive the requirement to file the parent-child visiting plan or the sibling placement and contact plan, or extend the time for filing either plan. Any party may, by motion, request the court to review the parent-child visiting plan to determine whether it is reasonably calculated to expeditiously facilitate the achievement of the permanency goal. A party may, by motion, request the court to review the parent-child visiting plan or the sibling placement and contact plan to determine whether it is consistent with the minor's best interest. The court may refer the parties to mediation where available. The frequency, duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel. Child development principles shall be considered by the court in its analysis of how frequent visitation should be, how long it should last, where it should take place, and who should be present. If upon motion of the party to review either plan and after receiving evidence, the court determines that the parent-child visiting plan is not reasonably calculated to expeditiously facilitate the achievement of the permanency goal or that the restrictions placed on parent-child contact or sibling placement or contact are contrary to the child's best interests, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court shall enter an order for the Department to implement changes to the parent-child visiting plan or sibling placement or contact plan, consistent with the court's findings. At any stage of proceeding, any party may by motion request the court to enter any orders necessary to implement the parent-child visiting plan, sibling placement or contact plan or subsequently developed Sibling Contact Support Plan. Nothing under this subsection (2) shall restrict the court from granting discretionary authority to the Department to increase opportunities for additional parent-child contacts or sibling contacts, without further court orders. Nothing in this subsection (2) shall restrict the Department from immediately restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe there is an immediate need to protect the child's health, safety, and welfare. Such restrictions or terminations must be based on available facts to the Department and its assigns when viewed in light of the surrounding circumstances and shall only occur on an individual case-by-case basis. The Department shall file with the court and serve on the parties any amendments to the plan within 10 days, excluding weekends and holidays, of the change of the visitation.
Acceptance of services shall not be considered an admission of any
allegation in a petition made pursuant to this Act, nor may a referral of
services be considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that it is
consistent with the health, safety and best
interests of the minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings concerning the
immediate and urgent necessity for the protection of the minor or of the person
or property of another and (ii) the factual basis supporting its findings that
reasonable efforts were made to prevent or eliminate the removal of the minor
from his or her home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The
parents, guardian, custodian, temporary custodian and minor shall each be
furnished a copy of such written findings. The temporary custodian shall
maintain a copy of the court order and written findings in the case record
for the child. The order together with the court's findings of fact in
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and urgent necessity
for the protection of the minor that the minor be placed in a shelter care
facility, the minor shall not be returned to the parent, custodian or guardian
until the court finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the Department of
Children
and Family
Services for his or her protection, the court shall admonish the parents,
guardian,
custodian or responsible relative that the parents must cooperate with the
Department of Children and Family Services, comply
with the terms of the service plans, and correct the conditions which require
the child to be in care, or risk termination of their parental
rights. The court shall ensure, by inquiring in open court of each parent, guardian, custodian or responsible relative, that the parent, guardian, custodian or responsible relative has had the opportunity to provide the Department with all known names, addresses, and telephone numbers of each of the minor's living maternal and paternal adult relatives, including, but not limited to, grandparents, aunts, uncles, and siblings. The court shall advise the parents, guardian, custodian or responsible relative to inform the Department if additional information regarding the minor's adult relatives becomes available.
(3) If prior to the shelter care hearing for a minor described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is unable to serve notice on the
party respondent, the shelter care hearing may proceed ex parte. A shelter
care order from an ex parte hearing shall be endorsed with the date and
hour of issuance and shall be filed with the clerk's office and entered of
record. The order shall expire after 10 days from the time it is issued
unless before its expiration it is renewed, at a hearing upon appearance
of the party respondent, or upon an affidavit of the moving party as to all
diligent efforts to notify the party respondent by notice as herein
prescribed. The notice prescribed shall be in writing and shall be
personally delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to notice. The
notice shall also state the nature of the allegations, the nature of the
order sought by the State, including whether temporary custody is sought,
and the consequences of failure to appear and shall contain a notice
that the parties will not be entitled to further written notices or publication
notices of proceedings in this case, including the filing of an amended
petition or a motion to terminate parental rights, except as required by
Supreme Court Rule 11; and shall explain the
right of
the parties and the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care hearing shall be
substantially as follows:
.............................................. and (2) whether there is "immediate and urgent necessity" to remove the child or children from the responsible relative.
The Notice for rehearings shall be substantially as follows:
(4) If the parent, guardian, legal custodian, responsible relative,
minor age 8 or over, or counsel of the minor did not have actual notice of
or was not present at the shelter care hearing, he or she may file an
affidavit setting forth these facts, and the clerk shall set the matter for
rehearing not later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court shall
proceed in the same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the minor
taken into custody is a person described in subsection (3) of Section
5-105 may the minor be
kept or detained in a detention home or county or municipal jail. This
Section shall in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a jail or place
ordinarily used for the confinement of prisoners in a police station. Minors
under 18 years of age must be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard with adults confined
pursuant to the criminal law.
(7) If the minor is not brought before a judicial officer within the
time period as specified in Section 2-9, the minor must immediately be
released from custody.
(8) If neither the parent, guardian or custodian appears within 24
hours to take custody of a minor released upon request pursuant to
subsection (2) of this Section, then the clerk of the court shall set the
matter for rehearing not later than 7 days after the original order and
shall issue a summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall prepare a report
on the minor. If a parent, guardian or custodian does not appear at such
rehearing, the judge may enter an order prescribing that the minor be kept
in a suitable place designated by the Department of Children and Family
Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this
Section any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family under a
service plan pursuant to Section 8.2 of the Abused and Neglected Child
Reporting Act, foster parent, or any of their representatives, on notice
to all parties entitled to notice, may file a motion that it is in the best
interests of the minor to modify or vacate a
temporary custody order on any of the following grounds:
In ruling on the motion, the court shall determine whether it is consistent
with the health, safety and best interests of the minor to modify
or vacate a temporary custody order. If the
minor is being restored to the custody of a parent, legal custodian, or guardian who lives
outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the
Department of Children and Family Services to arrange for an assessment of the minor's
proposed living arrangement and for ongoing monitoring of the health, safety, and best
interest of the minor and compliance with any order of protective supervision entered in
accordance with Section 2-20 or 2-25.
The clerk shall set the matter for hearing not later than 14 days after
such motion is filed. In the event that the court modifies or vacates a
temporary custody order but does not vacate its finding of probable cause,
the court may order that appropriate services be continued or initiated in
behalf of the minor and his or her family.
(10) When the court finds or has found that there is probable cause to
believe a minor is an abused minor as described in subsection (2) of Section
2-3
and that there is an immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall be presumed for
any other minor residing in the same household as the abused minor provided:
Once the presumption of immediate and urgent necessity has been raised, the
burden of demonstrating the lack of immediate and urgent necessity shall be on
any party that is opposing shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61 apply to a minor who has been
arrested or taken into custody on or after January 1, 2014 (the effective date
of Public Act 98-61).
(12) After the court has placed a minor in the care of a temporary custodian pursuant to this Section, any party may file a motion requesting the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act for purposes of making decisions pursuant to paragraph (1) of subsection (b) of Section 20 of the Health Care Surrogate Act. The court may grant the motion if it determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. In making its determination, the court shall weigh the following factors in addition to considering the best interests factors listed in subsection (4.05) of Section 1-3 of this Act:
If the Department of Children and Family Services is the temporary custodian of the minor, in addition to the requirements of paragraph (1) of subsection (b) of Section 20 of the Health Care Surrogate Act, the Department shall follow its rules and procedures in exercising authority granted under this subsection.
(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; 102-813, eff. 5-13-22.)
(705 ILCS 405/2-10.1) (from Ch. 37, par. 802-10.1)
Sec. 2-10.1. Whenever a minor is placed in shelter care with the
Department or a licensed child welfare agency in accordance with Section
2-10, the Department or agency, as appropriate, shall prepare and file with
the court within 45 days of placement under Section 2-10 a case plan which
complies with the federal Adoption Assistance and Child Welfare Act of 1980
and is consistent with the health, safety and best interests of
the minor.
For the purposes of this Act, "case plan" and "service plan" shall have the same meaning.
(Source: P.A. 94-604, eff. 1-1-06.)
(705 ILCS 405/2-10.2)
Sec. 2-10.2. Educational surrogate parent.
(a) Upon issuing an order under Section 2-10 of this Act, whenever a special education services or early intervention services surrogate parent is appointed for a minor under the federal Individuals with Disabilities Education Act, the court may appoint one or both parents or the minor's legal guardian who is a respondent as the educational surrogate parent or early intervention program surrogate parent for the minor if:
(b) The court may appoint a person other than a parent or legal guardian respondent as educational surrogate parent or early intervention program surrogate parent of the minor if:
(c) An educational surrogate parent or early intervention program surrogate parent shall meet the requirements of applicable federal laws and rules governing educational surrogate parents or early intervention program surrogate parents. The court may rescind its appointment of an educational surrogate parent or early intervention program surrogate parent at any time if it determines that rescinding the appointment is consistent with the best interests of the minor. If the court does not appoint a parent, guardian respondent, or other person as educational surrogate parent or early intervention program surrogate parent, or if the court rescinds an appointment, the selection of an educational surrogate parent or early intervention program surrogate parent shall be made under applicable federal and State laws and rules.
(Source: P.A. 98-868, eff. 8-8-14.)
(705 ILCS 405/2-10.3)
Sec. 2-10.3. Access to news media.
(a) All youth in the custody or guardianship of the Department of Children and Family Services are entitled to the freedom of speech guaranteed by the First Amendment to the Constitution of the United States and Section 4 of Article I of the Illinois Constitution. The Department of Children and Family Services and its agents and assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth chooses to do so.
(b) Provisions related to minors under 18. Any time the news media requests to speak with a specific, identified minor under 18 years of age, the Department of Children and Family Services shall immediately provide notice of the news media's request to the minor's attorney and guardian ad litem. The notice shall include at a minimum the minor's name, the news media name, and the date of the inquiry from the news media. Within one business day of the news media's request, the Department shall determine whether the minor wants to speak with the news media, whether the minor has sufficient maturity to make his or her own decision to communicate with the news media and whether contact with the news media will more likely than not cause the minor serious physical, emotional, or mental harm. The Department shall provide notice of its determination to the minor's attorney and guardian ad litem within one business day of its determination.
(c) Provisions related to minors over 18. The Department shall not take any action to interfere with the right of a minor over 18 to speak with the news media.
(d) Court Review.
(e) As used in this Section, "interfere" includes, but is not limited to: withholding information from a minor about a news media outlet's request to speak with the minor, including any contact information necessary to respond to the request; preventing a minor from communicating with the news media; threatening or coercing the minor in any manner; or punishing or taking adverse action because of a minor's contact with the news media. "Interfere" does not include:
(f) As used in this Section, "less restrictive means" are conditions on the minor's ability to communicate with the news media that mitigate the likelihood that physical, emotional, or mental harm will result, and include, but are not limited to:
(Source: P.A. 102-615, eff. 8-27-21.)
(705 ILCS 405/2-11) (from Ch. 37, par. 802-11)
Sec. 2-11.
Medical and dental treatment and care.
At all times during
temporary custody or shelter care, the court may authorize a physician, a
hospital or any other appropriate health care provider to provide medical,
dental or surgical procedures if such procedures are necessary to safeguard
the minor's life or health.
With respect to any minor for whom the Department of Children and Family
Services Guardianship Administrator is appointed the temporary custodian,
the Guardianship Administrator or his designee shall be deemed the minor's
legally authorized representative for purposes of consenting to an HIV test
and obtaining and disclosing information concerning such test pursuant to
the AIDS Confidentiality Act and for purposes of consenting to the release
of information pursuant to the Illinois Sexually Transmissible Disease
Control Act.
Any person who administers an HIV test upon the consent of the Department
of Children and Family Services Guardianship Administrator or his designee,
or who discloses the results of such tests to the Department's Guardianship
Administrator or his designee, shall have immunity from any liability,
civil, criminal or otherwise, that might result by reason of such actions.
For the purpose of any proceedings, civil or criminal, the good faith of any
persons required to administer or disclose the results of tests, or
permitted to take such actions, shall be presumed.
(Source: P.A. 86-904.)
(705 ILCS 405/2-12) (from Ch. 37, par. 802-12)
Sec. 2-12.
Preliminary conferences.
(1) The court may authorize the
probation officer to confer in a
preliminary conference with any person seeking to file a petition under
Section 2-13, the prospective respondents and other interested persons
concerning the advisability of filing the petition, with a view to adjusting
suitable cases without the filing of a petition.
The probation officer should schedule a conference promptly except where
the State's Attorney insists on court action or where the minor has indicated
that he or she will demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody, the holding of
preliminary conferences does not operate to prolong temporary custody
beyond the period permitted by Section 2-9.
(3) This Section does not authorize any probation officer to compel any
person to appear at any conference, produce any papers, or visit any place.
(4) No statement made during a preliminary conference may be admitted
into evidence at an adjudicatory hearing or at any proceeding against the
minor under the criminal laws of this State prior to his or her conviction
thereunder.
(5) The probation officer shall promptly formulate a written,
non-judicial adjustment plan following the initial conference.
(6) Non-judicial adjustment plans include but are not limited to the
following:
(7) The factors to be considered by the probation officer in formulating
a non-judicial adjustment plan shall be the same as those limited in subsection
(4) of Section 5-405.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
Sec. 2-13. Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion, consistent with the
health, safety and best interests of the minor may direct the
filing through the State's Attorney of a petition in respect of a minor
under this Act. The petition and all subsequent court documents shall be
entitled "In the interest of ...., a minor".
(2) The petition shall be verified but the statements may be made
upon information and belief. It shall allege that the minor is
abused, neglected, or dependent, with citations to the appropriate
provisions of this Act,
and set forth (a) facts sufficient to bring the minor
under Section 2-3 or 2-4 and to inform respondents of the cause of action,
including, but not limited to, a plain and concise statement of the factual
allegations that form the basis for the filing of the petition; (b) the name,
age and residence of the minor; (c) the names and residences of his parents;
(d) the name and residence of his
legal guardian or the person or persons having custody or control of the
minor, or of the nearest known relative if no parent or guardian can be
found; and (e) if the minor upon whose behalf the petition is brought is
sheltered in custody, the date on which such temporary custody
was ordered by the
court or the date set for a temporary custody hearing. If any of the facts
herein required are not known by the petitioner, the petition shall so
state.
(3) The petition must allege that it is in the best interests of the
minor and of the public that he be adjudged a ward of the court and may
pray generally for relief available under this Act. The petition need
not specify any proposed disposition following adjudication of wardship. The petition may request that the minor remain in the custody of the parent, guardian, or custodian under an Order of Protection.
(4) If termination of parental rights and appointment of a guardian of the
person with power to consent to adoption of the minor under Section 2-29 is
sought, the petition shall so state. If the petition includes this request,
the prayer for relief shall clearly and obviously state that the parents could
permanently lose their rights as a parent at this hearing.
In addition to the foregoing, the petitioner, by motion, may request the
termination of parental rights and appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29 at any time after
the entry of a dispositional order under Section 2-22.
(4.5) (a) Unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, with respect to any minors committed to its care pursuant to
this Act, the Department of Children and Family Services shall request the
State's Attorney to file a petition or motion for termination of parental
rights and appointment of guardian of the person with power to consent to
adoption of the minor under Section 2-29 if:
(a-1) For purposes of this subsection (4.5), good cause exists in the following circumstances:
(b) For purposes of this subsection, the date of entering foster care is
defined as the earlier of:
(c) (Blank).
(d) (Blank).
(5) The court shall liberally allow the petitioner to amend the petition to
set forth a cause of action or to add, amend, or supplement factual allegations
that form the basis for a cause of action up until 14 days before the
adjudicatory hearing. The petitioner may amend the petition after that date
and prior to the adjudicatory hearing if the court grants leave to amend upon a
showing of good cause.
The court may allow amendment of the
petition to conform with the evidence at any time prior to ruling. In all
cases in which the court has granted leave to amend based on new evidence or
new allegations, the court shall permit
the respondent an adequate opportunity to prepare a defense to the amended
petition.
(6) At any time before dismissal of the petition or before final closing
and discharge under Section 2-31, one or more motions in the best interests of
the minor may be filed. The motion shall specify sufficient facts in support
of the relief requested.
(Source: P.A. 101-529, eff. 1-1-20.)
(705 ILCS 405/2-13.1)
Sec. 2-13.1.
Early termination of reasonable efforts.
(1) (a) In conjunction with, or at any time subsequent to, the filing of a
petition on behalf of a minor in accordance with Section 2-13 of this Act, the
State's Attorney, the guardian ad litem, or the Department of Children and
Family Services may file a motion
requesting a finding that reasonable efforts to reunify that minor with his or
her parent or parents are no longer required and are to cease.
(b) The court shall grant this motion with respect to a
parent of the minor if the court finds after a hearing that the parent has:
(c) The court shall also grant this motion with respect to a parent of the
minor if:
(2) (a) The court shall hold a permanency hearing within 30 days of
granting a motion pursuant to this subsection. If an adjudicatory or a
dispositional hearing, or both, has not taken place when the court grants a
motion
pursuant to this Section, then either or both hearings shall be held as needed
so that both take place on or before the date a permanency hearing is held
pursuant to this subsection.
(b) Following a permanency hearing held pursuant to paragraph (a) of this
subsection, the appointed custodian or guardian of the minor shall make
reasonable efforts to place the child in accordance with the permanency plan
and goal set by the court, and to complete the necessary steps to locate and
finalize a permanent placement.
(Source: P.A. 90-608, eff. 6-30-98.)
(705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
Sec. 2-14.
Date for Adjudicatory Hearing.
(a) Purpose and policy. The legislature recognizes that serious delay in
the adjudication of abuse, neglect, or dependency cases can cause grave harm to
the minor and the family and that it frustrates the health, safety and best
interests of the minor and the effort to establish permanent homes for
children in need. The purpose of this Section is to insure that,
consistent with the federal Adoption Assistance and Child Welfare Act of
1980, Public Law 96-272, as amended, and the intent of this Act, the State
of Illinois will act in a just and speedy manner to determine
the best interests of the minor, including providing for the safety of the
minor, identifying families in need, reunifying families where the minor can be
cared for at home without endangering the minor's health or safety and it is in
the best interests of the minor, and, if reunification is not consistent with
the health, safety and best interests of the minor, finding another permanent
home for the minor.
(b) When a petition is filed alleging that the minor is abused,
neglected or dependent, an adjudicatory hearing shall be commenced within 90
days of the date of service of process upon the minor, parents, any
guardian and any legal custodian, unless an earlier date is required pursuant
to Section 2-13.1. Once commenced, subsequent delay in the
proceedings may be allowed by the court when necessary to ensure a fair
hearing.
(c) Upon written motion of a party filed no later than 10 days prior to
hearing, or upon the court's own motion and only for good cause shown, the
Court may continue the hearing for a period not to exceed 30 days, and
only if the continuance is consistent with the health, safety
and best interests of the minor.
When the court grants a continuance, it shall enter specific factual findings
to support its order, including factual findings supporting the court's
determination that the continuance is in the best interests of the minor.
Only one
such continuance shall be granted. A period of continuance for good cause
as described in this Section shall temporarily suspend as to all parties,
for the time of the delay, the period within which a hearing must be held.
On the day of the expiration of the delay, the period shall continue at the
point at which it was suspended.
The term "good cause" as applied in this Section shall be strictly
construed and be in accordance with Supreme Court Rule 231 (a) through (f).
Neither stipulation by counsel nor the convenience of any party
constitutes good cause. If the adjudicatory
hearing is not heard within the time limits required by subsection (b) or (c)
of this Section, upon motion by any party the petition shall be dismissed
without prejudice.
(d) The time limits of this Section may be waived only by consent of all
parties and approval by the court.
(e) For all cases filed before July 1, 1991, an adjudicatory hearing
must be held within 180 days of July 1, 1991.
(Source: P.A. 92-822, eff. 8-21-02.)
(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons.
(1) When a petition is filed, the clerk of the court
shall issue a summons with a copy of the petition attached. The summons
shall be directed to the minor's legal guardian or custodian and to each person
named as a respondent in the petition, except that summons need not be
directed to a minor respondent under 8 years of age for whom the court
appoints a guardian ad litem if the guardian ad litem appears on behalf of
the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor or any of the
respondents is entitled to have an attorney present at the hearing on the
petition, and that the clerk of the court should be notified promptly if
the minor or any other respondent desires to be represented by an attorney
but is financially unable to employ counsel.
(3) The summons shall be issued under the seal of the court, attested in
and signed with the name of the clerk of the court, dated on the day it is
issued, and shall require each respondent to appear and answer the petition
on the date set for the adjudicatory hearing.
The summons shall contain a notice that the parties will not be entitled to
further written notices or publication notices of proceedings in this case,
including the filing of an amended petition or a motion to terminate parental
rights, except as required by Supreme Court Rule 11.
(4) The summons may be served by any county sheriff, coroner or
probation officer, even though the officer is the petitioner. The return of
the summons with endorsement of service by the officer is sufficient proof
thereof.
(5) Service of a summons and petition shall be made by: (a) leaving a
copy thereof with the person summoned at least 3 days before the time
stated therein for appearance; (b) leaving a copy at his or her usual place
of abode with some person of the family or a person residing there, of the age of 10 years or upwards,
and informing that person of the contents thereof, provided the officer or
other person making service shall also send a copy of the summons in a
sealed envelope with postage fully prepaid, addressed to the person
summoned at his usual place of abode, at least 3 days before the time
stated therein for appearance; or (c) leaving a copy thereof with the
guardian or custodian of a minor, at least 3 days before the time stated
therein for appearance. If the guardian or custodian is an agency of the
State of Illinois, proper service may be made by leaving a copy of the
summons and petition with any administrative employee of such agency
designated by such agency to accept service of summons and petitions.
The certificate of the officer or affidavit of the person that he has sent
the copy pursuant to this Section is sufficient proof of service.
(6) When a parent or other person, who has signed a written promise to
appear and bring the minor to court or who has waived or acknowledged service,
fails to appear with the minor on the date set by the court, a
bench warrant may be issued for the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or custodian, or a
person named as a respondent in a petition, in any proceeding under this
Act shall constitute a waiver of service of summons and submission to the
jurisdiction of the court, except that the filing of a motion
authorized under Section 2-301 of the Code of Civil Procedure does not
constitute an appearance under this subsection. A copy of the summons and
petition shall be provided to the person at the time of his appearance.
(8) Notice to a parent who has appeared or been served with summons
personally or by certified mail, and for whom an order of default has been
entered on the petition for wardship and has not been set aside shall be
provided in accordance with Supreme Court Rule 11. Notice to a parent who was
served by publication and for whom an order of default has been entered on the
petition for wardship and has not been set aside shall be provided in
accordance with this Section and Section 2-16.
(Source: P.A. 101-146, eff. 1-1-20.)
(705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
Sec. 2-16.
Notice by certified mail or publication.
(1) If service on individuals as provided in Section 2-15 is not made on
any respondent within a reasonable time or if it appears that any respondent
resides outside the State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition to that respondent
by certified mail marked for delivery to addressee only. The court shall not
proceed with the adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof of service.
(2) Where a respondent's
usual place of abode is not known, a diligent inquiry shall be made to
ascertain the respondent's current and last known address. The Department of
Children and Family Services shall adopt rules defining the requirements for
conducting a diligent search to locate parents of minors in the custody of the
Department. If, after diligent inquiry made at any time within the preceding
12 months, the usual place of abode cannot be reasonably ascertained, or if
respondent is concealing his or her whereabouts to avoid service of process,
petitioner's attorney shall file an affidavit at the office of the clerk of
court in which the action is pending showing that respondent on due inquiry
cannot be found or is concealing his or her whereabouts so that process
cannot be served. The affidavit shall state the last known address of the
respondent. The affidavit shall also state what efforts were made to
effectuate service. Within 3 days of receipt of the affidavit, the clerk shall
issue publication service as provided below. The clerk shall also send a copy
thereof by mail addressed to each respondent listed in the affidavit at his or
her last known address. The clerk of the court as soon as possible shall cause
publication to be made once in a newspaper of
general circulation in the county where the action is pending. Notice
by publication is not required in any case when the person alleged to
have legal custody of the minor has been served with summons personally
or by certified mail, but the court may not enter any order or judgment
against any person who cannot be served with process other than by
publication unless notice by publication is given or unless that person
appears. When a minor has been sheltered under Section 2-10
of this Act and summons has not been served personally or by certified mail
within 20 days from the date of the order of court directing such
shelter care, the clerk of the court shall cause publication. Notice
by publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named respondents, if any)
and to All Whom It May Concern (if there is any respondent under that
designation):
Take notice that on (insert date) a
petition was filed under the Juvenile Court Act of 1987 by .... in the
circuit court of .... county entitled 'In the interest of ...., a minor', and
that in .... courtroom at .... on (insert date)
at the hour of ...., or as soon thereafter as this cause may be heard, an
adjudicatory hearing will be held upon the petition to have the child declared
to be a ward of the court under that Act.
THE COURT HAS AUTHORITY IN THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND
GUARDIANSHIP OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO APPOINT A
GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU MAY LOSE ALL PARENTAL RIGHTS
TO YOUR CHILD. IF THE PETITION REQUESTS THE TERMINATION OF YOUR PARENTAL
RIGHTS AND THE APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD.
Unless you appear you will not be entitled to further written notices or
publication notices of the proceedings in this case, including the filing
of an amended petition or a motion to terminate parental rights.
Now, unless you appear at the hearing and show cause against the petition,
the allegations of the petition may stand admitted as against you and
each of you, and an order or judgment entered.
......................
Clerk
Dated (insert the date of publication)"
(3) The clerk shall also at the time of the publication of the
notice send a copy thereof by mail to each of the respondents on account
of whom publication is made at his or her last known address. The certificate
of the clerk that he or she has mailed the notice is evidence thereof. No
other publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open court at
the hearing. The court may not proceed with the adjudicatory hearing until
10 days after service by publication
on any parent, guardian or legal custodian in the case of a minor
described in Section 2-3 or 2-4.
(4) If it becomes necessary to change the date set for the hearing
in order to comply with Section 2-14 or with this Section, notice of the
resetting of the date must be given, by certified mail or other
reasonable means, to each respondent who has been served with summons
personally or by certified mail.
(5) Notice to a parent who has appeared or been served with summons
personally or by certified mail, and for whom an order of default has been
entered on the petition for wardship and has not been set aside shall be
provided in accordance with Supreme Court Rule 11. Notice to a parent who was
served by publication and for whom an order of default has been entered on
the petition for wardship and has not been set aside shall be provided in
accordance with this Section and Section 2-15.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff.
6-30-98; 91-357, eff. 7-29-99.)
(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
Sec. 2-17. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging that the minor is
a person described in Sections 2-3 or 2-4 of this Article, the court shall
appoint a guardian ad litem for the minor if:
Unless the guardian ad litem appointed pursuant to this paragraph
(1) is an attorney at law, he or she shall be represented in the performance
of his or her duties by counsel. The guardian ad litem shall represent the best
interests of the minor and shall present recommendations to the court
consistent with that duty.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if:
(3) The court may appoint a guardian ad litem for the minor whenever
it finds that there may be a conflict of interest between the minor and
his parents or other custodian or that it is otherwise in the minor's
best interest to do so.
(4) Unless the guardian ad litem is an attorney, he or she shall be
represented by counsel.
(4.5) Pursuant to Section 6b-1 of the Children and Family Services Act, the Department of Children and Family Services must maintain the name, electronic mail address, and telephone number for each minor's court-appointed guardian ad litem and, if applicable, the guardian ad litem's supervisor. The Department of Children and Family Services must update this contact information within 5 days of receiving notice of a change. The Advocacy Office for Children and Families, established pursuant to Section 5e of the Children and Family Services Act, must make this contact information available to the minor, current foster parent or caregiver, or caseworker, if requested.
(5) The reasonable fees of a guardian ad litem appointed under this
Section shall be fixed by the court and charged to the parents of the
minor, to the extent they are able to pay. If the parents are unable to
pay those fees, they shall be paid from the general fund of the county.
(6) A guardian ad litem appointed under this Section, shall receive
copies of any and all classified reports of child abuse and neglect made
under the Abused and Neglected Child Reporting Act in which the minor who
is the subject of a report under the Abused and Neglected Child Reporting
Act, is also the minor for whom the guardian ad litem is appointed under
this Section.
(6.5) A guardian ad litem appointed under this Section or attorney appointed under this Act shall receive a copy of each significant event report that involves the minor no later than 3 days after the Department learns of an event requiring a significant event report to be written, or earlier as required by Department rule.
(7) The appointed
guardian ad
litem shall remain the minor's guardian ad litem throughout the entire juvenile
trial court
proceedings, including permanency hearings and termination of parental rights
proceedings, unless there is a substitution entered by order of the court.
(8) The guardian
ad
litem or an agent of the guardian ad litem shall have a minimum of one
in-person contact with the minor and one contact with one
of the
current foster parents or caregivers prior to the
adjudicatory hearing, and at
least one additional in-person contact with the child and one contact with
one of the
current foster
parents or caregivers after the adjudicatory hearing but
prior to the first permanency hearing
and one additional in-person contact with the child and one contact with one
of the current
foster parents or caregivers each subsequent year. For good cause shown, the
judge may excuse face-to-face interviews required in this subsection.
(9) In counties with a population of 100,000 or more but less than
3,000,000, each guardian ad litem must successfully complete a training program
approved by the Department of Children and Family Services. The Department of
Children and Family Services shall provide training materials and documents to
guardians ad litem who are not mandated to attend the training program. The
Department of Children and Family Services shall develop
and
distribute to all guardians ad litem a bibliography containing information
including but not limited to the juvenile court process, termination of
parental rights, child development, medical aspects of child abuse, and the
child's need for safety and permanence.
(Source: P.A. 101-81, eff. 7-12-19; 102-208, eff. 7-30-21.)
(705 ILCS 405/2-17.1)
Sec. 2-17.1. Court appointed special advocate.
(1) The court shall appoint a special advocate
upon the filing of a petition under this Article or
at any time during the pendency of a proceeding under this Article if special advocates are available.
The
court appointed special advocate may also serve as guardian ad litem by
appointment of the court under Section 2-17 of this Act.
(1.2) In counties of populations over 3,000,000 the court may appoint a special advocate upon the filing of a petition under this Article or at any time during the pendency of a proceeding under this Article. No special advocate shall act as guardian ad litem in counties of populations over 3,000,000.
(1.5) "Court appointed special advocate" means a community volunteer who:
Court appointed special advocate programs shall promote policies, practices, and procedures that are culturally competent. As used in this Section, "cultural competency" means the capacity to function in more than one culture, requiring the ability to appreciate, understand, and interact with members of diverse populations within the local community.
(2) The court appointed special advocate shall:
(2.1)
The court may consider, at its discretion, testimony of the court
appointed special advocate pertaining to the well-being of the minor.
(2.2) Upon presentation of an order of appointment, a court appointed special advocate shall have access to all records and information relevant to the minor's case with regard to the minor child.
(2.2-1) All records and information acquired, reviewed, or produced by a court appointed special advocate during the course of his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court.
(3) Court appointed special advocates shall serve as volunteers without
compensation and shall receive training consistent with nationally developed standards.
(4) No person convicted of a criminal offense as specified
in Section 4.2 of the Child Care Act of 1969 and no person identified as a
perpetrator of an act of child abuse or neglect as reflected in the
Department of Children and Family Services State Central Register shall serve
as a court appointed special advocate.
(5) All costs associated with the appointment and duties of the court
appointed special advocate shall be paid by the court appointed special
advocate or an organization of court appointed special advocates.
In no event shall the court appointed special advocate be liable for any
costs of services provided to the child.
(6) The court may remove the court appointed special advocate or the
guardian ad litem from a case upon finding that the court appointed special
advocate or the guardian ad litem has acted in a manner contrary to the
child's best interest or if the court otherwise deems continued service is
unwanted or unnecessary.
(7) In any county in which a program of court appointed special
advocates is in operation, the provisions
of this Section shall apply.
(8) Any court appointed
special advocate acting in good faith within the scope of his or her
appointment shall have immunity from any civil or criminal liability that
otherwise might result by reason of his or her actions, except in cases of
willful and wanton misconduct. For the purpose of any
civil or criminal proceedings, the good faith of any court appointed special
advocate shall be presumed.
(Source: P.A. 102-607, eff. 1-1-22.)
(705 ILCS 405/2-18) (from Ch. 37, par. 802-18)
Sec. 2-18. Evidence.
(1) At the adjudicatory hearing, the court shall first consider only the
question whether the minor is abused, neglected or dependent. The standard of
proof and the rules of evidence in the nature of civil proceedings in this
State are applicable to proceedings under this Article. If the petition also
seeks the appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29, the court may
also consider legally admissible evidence at the adjudicatory hearing that one
or more grounds of unfitness exists under subdivision D of Section 1 of the
Adoption Act.
(2) In any hearing under this Act, the following shall constitute prima
facie evidence of abuse or neglect, as the case may be:
(3) In any hearing under this Act, proof of the abuse, neglect or dependency
of one minor shall be admissible evidence on the issue of the abuse, neglect or
dependency of any other minor for whom the respondent is responsible.
(4) (a) Any writing, record, photograph or x-ray of any hospital or public
or private agency, whether in the form of an entry in a book or otherwise,
made as a memorandum or record of any condition, act, transaction, occurrence
or event relating to a minor in an abuse, neglect or
dependency proceeding, shall be
admissible in evidence as proof of that condition, act, transaction, occurrence
or event, if the court finds that the document was made in the regular course
of the business of the hospital or agency and that it was in the regular
course of such business to make it, at the time of the act, transaction,
occurrence or event, or within a reasonable time thereafter. A certification
by the head or responsible employee of the hospital or agency that the writing,
record, photograph or x-ray is the full and complete record of the condition,
act, transaction, occurrence or event and that it satisfies the conditions
of this paragraph shall be prima facie evidence of the facts contained in
such certification. A certification by someone other than the head of the
hospital or agency shall be accompanied by a photocopy of a delegation of
authority signed by both the head of the hospital or agency and by such
other employee. All other circumstances of the making of the memorandum,
record, photograph or x-ray, including lack of personal knowledge of the
maker, may be proved to affect the weight to be accorded such evidence,
but shall not affect its admissibility.
(b) Any indicated report filed pursuant to the Abused and Neglected Child
Reporting Act shall be admissible in evidence.
(c) Previous statements made by the minor relating to any allegations
of abuse or neglect shall be admissible in evidence. However, no such
statement, if uncorroborated and not subject to cross-examination, shall be
sufficient in itself to support a finding of abuse or neglect.
(d) There shall be a rebuttable presumption that a minor is competent
to testify in abuse or neglect proceedings. The court shall determine how
much weight to give to the minor's testimony, and may allow the minor to
testify in chambers with only the court, the court reporter and attorneys
for the parties present.
(e) The privileged character of communication between any professional
person and patient or client, except privilege between attorney and client,
shall not apply to proceedings subject to this Article.
(f) Proof of the impairment of emotional health or impairment of mental
or emotional condition as a result of the failure of the respondent to exercise
a minimum degree of care toward a minor may include competent opinion or
expert testimony, and may include proof that such impairment lessened during
a period when the minor was in the care, custody or supervision of a person
or agency other than the respondent.
(5) In any hearing under this Act alleging neglect for failure to
provide education as required by law under subsection (1) of Section 2-3,
proof that a minor under 13 years of age who is subject to compulsory
school attendance under the School Code is a chronic truant as defined
under the School Code shall be prima facie evidence of neglect by the
parent or guardian in any hearing under this Act and proof that a minor who
is 13 years of age or older who is subject to compulsory school attendance
under the School Code is a chronic truant shall raise a rebuttable
presumption of neglect by the parent or guardian. This subsection (5)
shall not apply in counties with 2,000,000 or more inhabitants.
(6) In any hearing under this Act, the court may take judicial notice of
prior sworn testimony or evidence admitted in prior proceedings involving
the same minor if (a) the parties were either represented by counsel at such
prior proceedings or the right to counsel was knowingly waived and (b) the
taking of judicial notice would not result in admitting hearsay evidence at a
hearing where it would otherwise be prohibited.
(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(705 ILCS 405/2-19) (from Ch. 37, par. 802-19)
Sec. 2-19.
Preliminary orders after filing a petition.
In all cases
involving physical abuse the court shall order, and in all cases involving
neglect or sexual abuse the court may order, an examination of the child under
Section 2-11 of this Act or by a physician appointed or designated for this
purpose by the court. As part of the examination, the physician shall arrange
to have color photographs taken, as soon as practical, of areas of trauma
visible on the child and may, if indicated, arrange to have a radiological
examination performed on the child. The physician, on the completion of the
examination, shall forward the results of the examination together with the
color photographs to the State's Attorney of the county of the court ordering
such examination. The court may dispense with the examination in those cases
which were commenced on the basis of a physical examination by a physician.
Unless color photographs have already been taken or unless there are no areas
of visible trauma, the court shall arrange to have color photographs taken if
no such examination is conducted.
(Source: P.A. 87-1148.)
(705 ILCS 405/2-20) (from Ch. 37, par. 802-20)
Sec. 2-20.
Continuance under supervision.
(1) The court may enter an
order of continuance under supervision (a) upon an admission or stipulation
by the appropriate respondent or minor respondent of the facts supporting
the petition and before proceeding to findings and adjudication, or after
hearing the evidence at the adjudicatory hearing but before noting in the
minutes of proceeding a finding of whether or not the minor is abused,
neglected or dependent; and (b) in the absence of objection made in open
court by the minor, his parent, guardian, custodian, responsible relative,
defense attorney or the State's Attorney.
(2) If the minor, his parent, guardian, custodian, responsible
relative, defense attorney or the State's Attorney, objects in open court to
any such continuance and insists upon proceeding to findings and
adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the court to order a
continuance of the hearing for the production of additional evidence or
for any other proper reason.
(4) When a hearing where a minor is alleged to be abused, neglected or
dependent is continued pursuant to this Section, the court
may permit the minor to remain in his home
if the court determines and makes written factual findings that the minor can
be cared for at home when consistent with the minor's
health, safety, and best interests,
subject to such conditions
concerning his conduct and supervision as the court may require by order.
(5) If a petition is filed charging a violation of a condition of the
continuance under supervision, the court shall conduct a hearing. If the court
finds that such condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The filing of a
petition for violation of a condition of the continuance under supervision
shall toll the period of continuance under supervision until the final
determination of the charge, and the term of the continuance under
supervision shall not run until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that does not constitute
a criminal offense, the hearing must be held within 15 days of the filing
of the petition unless a delay in such hearing has been occasioned by the
minor, in which case the delay shall continue the tolling of the period
of continuance under supervision for the period of such delay.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in which the parties
received service of process and shall note whether the return or returns of
service, postal return receipt or receipts for notice by certified mail,
or certificate or certificates of publication have been filed in the court
record. The court shall enter any appropriate orders of default against any
parent who has been properly served in any manner and fails to appear.
No further service of process as defined in Sections 2-15 and 2-16 is
required in any subsequent proceeding for a parent who was properly served in
any manner, except as required by Supreme Court Rule 11.
The caseworker shall testify about the diligent search conducted for the
parent.
After hearing the evidence the court shall determine whether or not the
minor is abused, neglected, or dependent. If it finds that the minor is not
such a person, the court shall order the petition dismissed and the minor
discharged. The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the factual basis
supporting that determination.
If the court finds that the minor is abused, neglected, or dependent, the
court shall then determine and put in writing the factual basis supporting
that determination, and specify, to the extent possible, the acts
or omissions or both of each parent, guardian, or legal custodian that form the
basis
of the court's findings. That finding shall appear in the order of the court.
If the court finds that the child has been abused, neglected or dependent,
the court shall admonish the parents that they must cooperate with the
Department of Children and Family Services, comply with the terms of the
service plan, and correct the conditions that require the child to be in care,
or risk termination of parental rights.
If the court determines that a person has inflicted physical or sexual
abuse upon a minor, the court shall report that determination to the Illinois State Police, which shall include that information in its report to the
President of the school board for a school district that requests a criminal history records check of that person, or the regional superintendent of schools who requests a check of that person, as required under Section 10-21.9 or
34-18.5 of the School Code.
(2) If, pursuant to subsection (1) of this Section, the court determines
and
puts in writing the factual basis supporting
the determination that the minor is either abused or neglected or dependent,
the court shall then set a time not later than 30 days after the entry of the
finding for a dispositional hearing (unless an earlier date is required
pursuant to Section 2-13.1) to be conducted under Section 2-22 at which
hearing the court shall determine whether it is consistent with the
health, safety and best interests of the
minor and the public that he be made a ward of the court. To assist the court
in making this and other determinations at the dispositional hearing, the court
may order that an investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history and condition,
family situation and background, economic status, education, occupation,
history of delinquency or criminality, personal habits, and any other
information that may be helpful to the court. The dispositional hearing may be
continued once for a period not to exceed 30 days if the court finds that such
continuance is necessary to complete the dispositional report.
(3) The time limits of this Section may be waived only by consent of
all parties and approval by the court, as determined to be consistent with the
health, safety and best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for which no
dispositional hearing has been held prior to that date, a dispositional
hearing under Section 2-22 shall be held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a parent at the initial
dispositional hearing if all of the following conditions are met:
(Source: P.A. 102-538, eff. 8-20-21.)
(705 ILCS 405/2-21.1)
Sec. 2-21.1.
(Repealed).
(Source: Repealed by P.A. 89-17, eff. 5-31-95.)
(705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
Sec. 2-22.
Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall determine whether it is in
the best interests of the minor and the public that he be made a ward of the
court, and, if he is to be made a ward of the court, the court shall determine
the proper disposition best serving the health, safety and interests of the
minor and the public.
The court also shall consider the permanency goal set for the minor, the
nature of the service plan for the minor and the services delivered and to be
delivered under the plan. All evidence helpful in determining these questions,
including oral and written reports, may be admitted and may be relied upon to
the extent of its probative value, even though not competent for the purposes
of the adjudicatory hearing.
(2) Once all parties respondent have been served in compliance with
Sections 2-15 and 2-16, no further service or notice must be given to a party
prior to proceeding to a dispositional hearing. Before
making an order of disposition the court shall advise the
State's Attorney, the parents, guardian, custodian or responsible
relative or their counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The court may
order, however, that the documents containing such reports need not be
submitted to inspection, or that sources of confidential information
need not be disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision under Section
2-20, whether successfully completed with regard to the child's health,
safety and best interest, or not, is admissible at the
dispositional hearing.
(4) On its own motion or that of the State's Attorney, a parent, guardian,
custodian, responsible relative or counsel, the court may adjourn the hearing
for a reasonable period to receive reports or other evidence, if the
adjournment is consistent with the health, safety and best interests of the
minor, but in no event shall continuances be granted so that the dispositional
hearing occurs more than 6 months after the initial removal of a minor from his
or her home. In scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed from his or her home
before an order of disposition has been made.
(5) Unless already set by the court, at the conclusion of the dispositional
hearing, the court shall set the date for the first permanency hearing, to be
conducted under subsection (2) of Section 2-28, which shall be held: (a) within 12 months from the date temporary
custody was taken, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2-21, within 30 days of the termination of parental rights and
appointment of a guardian with power to consent to adoption, or (c) in
accordance
with subsection (2) of Section 2-13.1.
(6) When the court declares a child to be a ward of the court and awards
guardianship to the Department of Children and Family Services, (a) the
court shall
admonish the parents, guardian, custodian or responsible relative that the
parents must cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the conditions which
require the child to be in care, or risk termination of their parental
rights; and (b) the court shall inquire of the parties of any
intent to proceed with
termination of parental rights of a parent:
(Source: P.A. 92-822, eff. 8-21-02.)
(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be made in respect of
wards of the court:
(2) Any order of disposition may provide for protective supervision
under Section 2-24 and may include an order of protection under Section 2-25.
Unless the order of disposition expressly so provides, it does
not operate to close proceedings on the pending petition, but is subject
to modification, not inconsistent with Section 2-28, until final closing and discharge of the proceedings under
Section 2-31.
(3) The court also shall enter any other orders necessary to fulfill the
service plan, including, but not limited to, (i) orders requiring parties to
cooperate with services, (ii) restraining orders controlling the conduct of any
party likely to frustrate the achievement of the goal, and (iii) visiting
orders. When the child is placed separately from a sibling, the
court shall review the Sibling Contact Support Plan developed under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to develop a Sibling
Contact Support Plan, or if the court finds that the existing Plan is not in the child's best
interest, the court may enter an order requiring the Department to develop and implement
a Sibling Contact Support Plan under subsection (f) of Section 7.4 of the Children and Family Services Act or order mediation. Unless otherwise specifically authorized by law, the court is not
empowered under this subsection (3) to order specific placements, specific
services, or specific service
providers to be included in the plan. If, after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. The new service plan shall be filed with the court and served on all parties within 45 days after the date of the order. The court shall continue the matter until the new service plan is filed. Except as authorized by subsection (3.5) of this Section or authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan.
(3.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (3.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule.
(4) In addition to any other order of disposition, the court may order
any minor adjudicated neglected with respect to his or her own injurious
behavior to make restitution, in monetary or non-monetary form, under the
terms and conditions of Section 5-5-6 of the Unified Code of Corrections,
except that the "presentence hearing" referred to therein shall be the
dispositional hearing for purposes of this Section. The parent, guardian
or legal custodian of the minor may pay some or all of such restitution on
the minor's behalf.
(5) Any order for disposition where the minor is committed or placed in
accordance with Section 2-27 shall provide for the parents or guardian of
the estate of such minor to pay to the legal custodian or guardian of the
person of the minor such sums as are determined by the custodian or guardian
of the person of the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section 9.1 of the
Children and Family Services Act.
(6) Whenever the order of disposition requires the minor to attend
school or participate in a program of training, the truant officer or
designated school official shall regularly report to the court if the minor
is a chronic or habitual truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a parent at the initial
dispositional hearing if all of the conditions in subsection (5) of Section
2-21 are met.
(Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
(705 ILCS 405/2-24) (from Ch. 37, par. 802-24)
Sec. 2-24.
Protective supervision.
(1) If the order of disposition, following a determination of the best
interests
of the minor, releases the minor to the custody of his
parents, guardian or legal custodian, or continues him in such custody, the
court may, if the health, safety and best interests of the
minor require, place the person
having custody of the minor, except for
representatives of private or public agencies or governmental departments,
under supervision of the probation office.
(2) An order of protective supervision may require the parent to present
the child
for periodic medical examinations, which shall include an opportunity for
medical
personnel to speak with and examine the child outside the presence of the
parent. The results
of the medical examinations conducted in accordance with this Section shall be
made
available to the Department, the guardian ad litem, and the court.
(3) Rules or orders of court shall
define the terms and conditions of protective supervision, which may be
modified or terminated when the court finds that the health, safety and
best interests of the
minor and the public will be served thereby.
(Source: P.A. 90-28, eff. 1-1-98.)
(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
Sec. 2-25. Order of protection.
(1) The court may make an order of
protection in assistance of or as a condition of any other order authorized
by this Act. The order of protection shall be based on the health, safety
and best interests of the minor and may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order may require a
person:
(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05,
aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
criminal sexual abuse, or aggravated criminal
sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county. The Sheriff shall furnish a copy of the order of
protection to the Illinois State Police within 24 hours of
receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the health, safety, and best interests of the minor and the
public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act if such an order is
consistent with the
health, safety, and best interests of the minor. Any person against whom
an order of protection is sought may retain counsel to represent him at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction with a
temporary custody hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the hearing or
that diligent efforts have been made to notify such person, the court may
conduct a hearing. If a protective order is sought at any time other than
in conjunction with a temporary custody hearing, the court may
not conduct a hearing on the petition in the absence of the person against
whom the order is sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent written
notice by first class mail to such person's last known address at least 5
days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1-5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order. Unless the
court orders otherwise, such person does not have a right to inspect the court
file.
(8) All protective orders entered under this Section shall be in
writing. Unless the person against whom the order was obtained was present
in court when the order was issued, the sheriff, other law enforcement
official or special process server shall
promptly serve that order upon that person and file proof of such service,
in the manner provided for service of process in civil proceedings. The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order. Any
modification of the order granted by the court must be determined to be
consistent with the best interests of the minor.
(9) If a petition is filed charging a violation of a condition contained in the
protective order and if the court determines that this violation is of a critical service necessary to the safety and welfare of the minor, the court may proceed to findings and an order for temporary custody.
(Source: P.A. 102-538, eff. 8-20-21.)
(705 ILCS 405/2-26) (from Ch. 37, par. 802-26)
Sec. 2-26.
Enforcement of orders of protective supervision or of protection.
(1) Orders of protective supervision and orders of protection may be
enforced by citation to show cause for contempt of court by reason of any
violation thereof and, where protection of the welfare of the minor so
requires, by the issuance of a warrant to take the alleged violator into
custody and bring him before the court.
(2) In any case where an order of protection has been entered, the clerk
of the court may issue to the petitioner, to the minor or to any other
person affected by the order a certificate stating that an order of
protection has been made by the court concerning such persons and setting
forth its terms and requirements. The presentation of the certificate to
any peace officer authorizes him to take into custody a person charged with
violating the terms of the order of protection, to bring such person before
the court and, within the limits of his legal authority as such peace
officer, otherwise to aid in securing the protection the order is intended
to afford.
(Source: P.A. 85-601.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the factual basis supporting
the determination of whether the parents, guardian, or legal custodian of a
minor adjudged a ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for, protect, train or
discipline the minor or are unwilling to do so, and that the
health, safety, and best
interest of the minor will be jeopardized if the minor remains in the custody
of his or her parents, guardian or
custodian, the court may at this hearing and at any later point:
(1.5) In making a determination under this Section, the court shall also
consider
whether, based on health, safety, and the best interests of the minor,
When making a placement, the court, wherever possible, shall
require the Department of Children and Family Services to select a person
holding the same religious belief as that of the minor or a private agency
controlled by persons of like religious faith of the minor and shall require
the Department to otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever alternative plans for
placement are available, the court shall ascertain and consider, to the extent
appropriate in the particular case, the views and preferences of the minor.
(2) When a minor is placed with a suitable relative or other
person pursuant to item (a) of subsection (1),
the court shall appoint him or her the legal custodian or guardian of the
person of the minor. When a minor is committed to any agency, the court
shall appoint the proper officer or representative thereof as legal
custodian or guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective rights and duties set
forth in subsection (9) of Section 1-3 except as otherwise provided by order
of court; but no guardian of the person may consent to adoption of the
minor unless that authority is conferred upon him or her in accordance with
Section 2-29. An agency whose representative is appointed guardian of the
person or legal custodian of the minor may place the minor in any child care
facility, but the facility must be licensed under the Child Care Act of
1969 or have been approved by the Department of Children and Family Services
as meeting the standards established for such licensing. No agency may
place a minor adjudicated under Sections 2-3 or 2-4 in a child care facility
unless the placement is in compliance with the rules and regulations
for placement under this Section promulgated by the Department of Children
and Family Services under Section 5 of the Children and Family Services
Act. Like authority and restrictions shall be conferred by the court upon
any probation officer who has been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency whose representative
is appointed guardian of the person or legal custodian of a minor may be
made in any out of State child care facility unless it complies with the
Interstate Compact on the Placement of Children. Placement with a parent,
however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal custodian or
guardian of the person a certified copy of the order of court, as proof
of his authority. No other process is necessary as authority for the
keeping of the minor.
(5) Custody or guardianship granted under this Section continues until
the court otherwise directs, but not after the minor reaches the age
of 19 years except as set forth in Section 2-31, or if the minor was previously committed to the Department of Children and Family Services for care and service and the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33.
(6) (Blank).
(Source: P.A. 101-79, eff. 7-12-19.)
(705 ILCS 405/2-27.1)
Sec. 2-27.1.
Placement; secure child care facility.
(1) A minor under 18 years of age and who is subject under Article II of
this Act to a secure child care facility may be admitted to a secure child care
facility for inpatient treatment upon application to the facility director if,
prior to admission, the facility director and the Director of the Department of
Children and Family Services or the Director's designate find that: the minor
has a mental illness or emotional disturbance, including but not limited to a
behavior disorder, of such severity that placement in a secure child care
facility is necessary because in the absence of such a placement, the minor is
likely to endanger self or others or not meet his or her basic needs and this
placement is the least restrictive alternative. Prior
to admission, a psychiatrist, clinical social worker, or clinical psychologist
who has personally examined the minor shall state in writing that the minor
meets the standards for admission.
The statement must set
forth in detail the reasons for that conclusion and shall indicate what
alternatives to secure treatment have been explored.
When the minor is placed in a child care facility which includes a secure child
care facility in addition to a less restrictive setting, and the application
for admission states that the minor will be permanently placed in the less
restrictive setting of the child care facility as part of his or her permanency
plan after the need for secure treatment has ended, the psychiatrist, clinical
social worker, or clinical psychologist shall state the reasons for the minor's
need to be placed in secure treatment, the conditions under which the minor may
be placed in the less restrictive setting of the facility, and the conditions
under which the minor may need to be returned to secure treatment.
(2) The application for admission under this Section shall contain, in large
bold-face type, a statement written in simple non-technical terms of the
minor's right to object and the right to a hearing. A minor 12 years of age or
older
must be given a copy of the application and the statement should be explained
to him or her in an understandable manner. A copy of the application shall
also
be given to the person who executed it, the designate of the Director of the
Department of Children and Family Services, the minor's parent, the minor's
attorney, and, if the minor is 12 years of age or older, 2 other persons whom
the minor may designate, excluding persons whose whereabouts cannot reasonably
be ascertained.
(3) Thirty days after admission, the facility director shall review the
minor's record and assess the need for continuing placement in a secure child
care
facility. When the minor has been placed in a child care facility which
includes a secure child care facility in addition to a less restrictive
setting, and the application for admission states that the minor will be
permanently placed in the less restrictive setting of the child care facility
as part of his or her permanency plan after the need for secure treatment has
ended, the facility director shall review the stated reasons for the minor's
need to be placed in secure treatment, the conditions under which the minor may
be placed in the less restrictive setting of the facility, and the conditions
under which the minor may need to be returned to secure treatment. The
director of the facility shall consult with the designate
of the
Director of the Department of Children
and Family Services and request authorization for continuing placement of the
minor. Request and authorization should be noted in the minor's record. Every
60 days thereafter a review shall be conducted and new authorization shall be
secured from the designate for as long as placement continues. Failure or
refusal to authorize continued placement shall constitute a request for the
minor's discharge.
(4) At any time during a minor's placement in a secure child care facility,
an
objection may be made to that placement by the minor, the minor's parents
(except where parental rights have been terminated), the minor's guardian ad
litem, or the minor's attorney. When an objection is made, the minor shall be
discharged at the earliest appropriate time not to exceed 15 days, including
Saturdays, Sundays, and holidays unless the objection is withdrawn in writing
or unless, within that time, the Director or his or her designate files with
the Court a petition for review of the admission. The petition must
be accompanied by a certificate signed by a psychiatrist, clinical social
worker, or clinical psychologist. The certificate shall be based upon a
personal examination and shall specify that the minor has a mental illness or
an emotional disturbance of such severity that placement in a secure facility
is necessary, that the minor can benefit
from the placement, that a less restrictive alternative is not appropriate, and
that the placement is in the minor's best interest.
(5) Upon receipt of a petition, the court shall set a hearing to be held
within 5 days, excluding Saturdays, Sundays, and holidays. The court shall
direct that notice of the time and place of the hearing shall be served upon
the minor, his or her attorney and the minor's guardian ad litem, the Director
of the Department of Children and Family Services or his or her designate, the
State's Attorney, and the attorney for the parents.
(6) The court shall order the minor
discharged from the secure child care facility if it determines that the minor
does not have a mental illness or
emotional disturbance of such severity that placement in a secure facility is
necessary, or if it determines that a less restrictive alternative is
appropriate.
(7) If however, the court finds that the minor does have a mental illness
or an emotional disturbance for which the minor is likely to benefit from
treatment but that a less restrictive alternative is appropriate, the court
shall
order that the Department of Children and Family Services prepare a case plan
for the minor which permits alternative treatment which is capable of providing
adequate and humane treatment in the least restrictive setting that is
appropriate to the minor's condition and serves the minor's best interests, and
shall
authorize the continued placement of the minor in the secure child care
facility. At each permanency hearing conducted thereafter, the court shall
determine whether the minor does not have a mental illness or emotional
disturbance of such severity that placement in a secure facility is necessary
or, if a less restrictive alternative is appropriate. If either of these 2
conditions are not met, the court shall order the minor discharged from the
secure child care facility.
(8) Unwillingness or inability of the Department of Children and Family
Services to find a placement for the minor shall not be grounds for the court's
refusing to order discharge of the minor.
(Source: P.A. 90-608, eff. 6-30-98.)
(705 ILCS 405/2-27.2)
Sec. 2-27.2. Placement; out-of-state residential treatment center.
(a) In addition to the provisions of subsection (3) of Section 2-27 of this Act, no placement by any probation officer or agency whose representative is an appointed guardian of the person or legal custodian of the minor may be made in an out-of-state residential treatment center unless the court has determined that the out-of-state residential placement is in the best interest and is the least restrictive, most family-like setting for the minor. The Department's application to the court to place a minor in an out-of-state residential treatment center shall include:
(b) If the out-of-state residential treatment center is a secure facility as defined in paragraph (18) of Section 1-3 of this Act, the requirements of Section 27.1 of this Act shall also be met prior to the minor's placement in the out-of-state residential treatment center.
(c) This Section does not apply to an out-of-state placement of a minor in a family foster home, relative foster home, a home of a parent, or a dormitory or independent living setting of a minor attending a post-secondary educational institution.
(Source: P.A. 100-136, eff. 8-18-17.)
(705 ILCS 405/2-27.5)
Sec. 2-27.5.
(Repealed).
(Source: P.A. 90-28, eff. 1-1-98. Repealed by P.A. 90-27, eff. 1-1-98.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act to report periodically to the court or may cite
him into court and require him or his agency, to make a full and
accurate report of his or its doings in behalf of the minor. The
custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, shall make
the report, either in writing verified by affidavit or orally under oath
in open court, or otherwise as the court directs. Upon the hearing of
the report the court may remove the custodian or guardian and appoint
another in his stead or restore the minor to the custody of his parents
or former guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian, or legal custodian in any case
in which the minor is found to be neglected or abused under Section 2-3 or
dependent under Section 2-4 of this
Act, unless the minor can be cared for at home without endangering the
minor's health or safety and it is in the best interests of the minor, and
if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of
this Act to have come about due to the acts or omissions or both of such
parent, guardian,
or legal custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness of such parent,
guardian, or legal custodian to care for the minor and the court enters an order
that such parent, guardian, or legal custodian is fit to care for the minor.
(1.5) The public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency's care remains:
The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date.
(1.6) Within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall file a written report with the court and send copies of the report to all parties. Within 20 days of the filing of the report, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. The court shall approve or disapprove the placement. If applicable, the requirements of Sections 2-27.1 and 2-27.2 must also be met.
The Department's written report and the court's written determination shall be included in and made part of the case plan for the child. If the child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status and permanency hearing:
(2) The first permanency hearing shall be
conducted by the judge. Subsequent permanency hearings may be
heard by a judge or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act.
The initial hearing shall be held (a) within 12 months from the date
temporary
custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2-21, within
30 days of the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in accordance with
subsection
(2) of Section 2-13.1. Subsequent permanency hearings
shall be held every 6 months
or more frequently if necessary in the court's determination following the
initial permanency hearing, in accordance with the standards set forth in this
Section, until the court determines that the plan and goal have been achieved.
Once the plan and goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months thereafter, subject to
the provisions of this Section, unless the minor is placed in the guardianship
of a suitable relative or other person and the court determines that further
monitoring by the court does not further the health, safety or best interest of
the child and that this is a stable permanent placement.
The permanency hearings must occur within the time frames set forth in this
subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this
written report means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the minor, or another
agency responsible for the minor's care, shall ensure that all parties to the
permanency hearings are provided a copy of the most recent
service plan prepared within the prior 6 months
at least 14 days in advance of the hearing. If not contained in the agency's service plan, the
agency shall also include a report setting forth (i) any special
physical, psychological, educational, medical, emotional, or other needs of the
minor or his or her family that are relevant to a permanency or placement
determination and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to prepare for independent
living. If not contained in the agency's service plan, the agency's report shall specify if a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor's safety and well-being. The report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor's needs are met in the facility. The agency's written report must detail what progress or lack of
progress the parent has made in correcting the conditions requiring the child
to be in care; whether the child can be returned home without jeopardizing the
child's health, safety, and welfare, and if not, what permanency goal is
recommended to be in the best interests of the child, and why the other
permanency goals are not appropriate. The caseworker must appear and testify
at the permanency hearing. If a permanency hearing has not previously been
scheduled by the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time frames set forth
in this subsection.
At the permanency hearing, the court shall determine the future status
of the child. The court shall set one of the following permanency goals:
In selecting any permanency goal, the court shall indicate in writing the
reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest.
Where the court has selected a permanency goal other than (A), (B), or (B-1),
the
Department of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of this subsection (2), but shall provide services
consistent with the goal
selected.
The court shall set a
permanency
goal that is in the best interest of the child. In determining that goal, the court shall consult with the minor in an age-appropriate manner regarding the proposed permanency or transition plan for the minor. The court's determination
shall include the following factors:
The court shall consider (i) the permanency goal contained in the service
plan, (ii) the appropriateness of the
services contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by all
the parties to the service plan to achieve the goal, and (iv) whether the plan
and goal have been achieved. All evidence
relevant to determining these questions, including oral and written reports,
may be admitted and may be relied on to the extent of their probative value.
The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting Act, any portion of the service plan compels a child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. The services contained in the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the child from the home of his or her parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the child home. Any tasks the court requires of the parents, guardian, or legal custodian or child prior to returning the child home, must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect.
If the permanency goal is to return home, the court shall make findings that identify any problems that are causing continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems. The court shall explain to the parents that these findings are based on the information that the court has at that time and may be revised, should additional evidence be presented to the court.
The court shall review the Sibling Contact Support Plan developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to
develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan
is not in the child's best interest, the court may enter an order requiring the Department to
develop, modify or implement a Sibling Contact Support Plan, or order mediation.
If the goal has been achieved, the court shall enter orders that are
necessary to conform the minor's legal custody and status to those findings.
If, after receiving evidence, the court determines that the services
contained in the plan are not reasonably calculated to facilitate achievement
of the permanency goal, the court shall put in writing the factual basis
supporting the determination and enter specific findings based on the evidence.
The court also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the current service
plan consistent with the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of the date of the
order. The court shall continue the matter until the new service plan is
filed. Except as authorized by subsection (2.5) of this Section and as otherwise specifically authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan.
A guardian or custodian appointed by the court pursuant to this Act shall
file updated case plans with the court every 6 months.
Rights of wards of the court under this Act are enforceable against
any public agency by complaints for relief by mandamus filed in any
proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule.
(3) Following the permanency hearing, the court shall enter a written order
that includes the determinations required under subsection (2) of this
Section and sets forth the following:
(4) The minor or any person interested in the minor may apply to the
court for a change in custody of the minor and the appointment of a new
custodian or guardian of the person or for the restoration of the minor
to the custody of his parents or former guardian or custodian.
When return home is not selected as the permanency goal:
Custody of the minor shall not be restored to any parent, guardian, or legal
custodian in any case in which the minor is found to be neglected or abused
under Section 2-3 or dependent under Section 2-4 of this Act, unless the
minor can be cared for at home
without endangering his or her health or safety and it is in the best
interest of the minor,
and if such neglect, abuse, or dependency is found by the court
under paragraph (1) of Section 2-21 of this Act to have come
about due to the acts or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the health,
safety, and
best interest of the minor and the fitness of such
parent, guardian, or legal custodian to care for the minor and the court
enters an order that such parent, guardian, or legal custodian is fit to
care for the minor. If a motion is filed to modify or
vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the
court may order the Department of Children and Family Services to assess the minor's current and
proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest
of the minor during the pendency of the motion to assist the court in making that determination. In the event that the minor has attained 18 years
of age and the guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the petition unless
the court orders otherwise. No legal custodian or guardian of the
person may be removed without his consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of the parent or
parents, the court shall order the parent or parents to cooperate with the
Department of Children and Family Services and comply with the terms of an
after-care plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2-24.
If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives
outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the
Department of Children and Family Services to arrange for an assessment of the minor's
proposed living arrangement and for ongoing monitoring of the health, safety, and best
interest of the minor and compliance with any order of protective supervision entered in
accordance with Section 2-24.
(5) Whenever a parent, guardian, or legal custodian files a motion for
restoration of custody of the minor, and the minor was adjudicated
neglected, abused, or dependent as a result of physical abuse,
the court shall cause to be
made an investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate the
likelihood of any further physical abuse to the minor. Evidence of such
criminal convictions shall be taken into account in determining whether the
minor can be cared for at home without endangering his or her health or safety
and fitness of the parent, guardian, or legal custodian.
(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; 102-813, eff. 5-13-22.)
(705 ILCS 405/2-28.01)
Sec. 2-28.01.
(Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 90-608, eff.
6-30-98.)
(705 ILCS 405/2-28.1)
Sec. 2-28.1.
Permanency hearings; before hearing officers.
(a) The chief judge of the circuit court may appoint hearing officers to
conduct the permanency hearings set forth in subsection (2) of Section 2-28, in accordance with the
provisions of this Section. The hearing officers shall be attorneys with at
least 3 years experience in child abuse and neglect or permanency planning and
in counties with a population of 3,000,000 or more, any hearing officer
appointed after September 1, 1997, must be an attorney admitted to practice
for at
least 7 years. Once trained by the court, hearing officers shall be authorized
to do the following:
(b) The hearing officer shall consider evidence and conduct the permanency
hearings as set forth in subsections (2) and (3) of Section 2-28 in accordance with the
standards set forth
therein. The hearing officer shall assure that a verbatim record of the
proceedings is made and retained for a period of 12 months or until the next
permanency hearing, whichever date is later, and shall direct to the clerk of
the court all documents and evidence to be made part of the court file. The
hearing officer shall inform the participants of their individual rights and
responsibilities. The hearing officer shall identify the issues to be reviewed
under subsection (2) of Section 2-28,
consider all relevant facts, and receive or request any additional information
necessary to make recommendations to the court.
If a party fails to appear at the hearing, the hearing officer may proceed to
the permanency hearing with the parties present at the hearing. The hearing
officer shall specifically note for the court the absence of any parties. If
all parties are present at the permanency hearing, and the parties and the
Department are in agreement that the service plan and permanency goal are
appropriate or are in agreement that the permanency goal for the child has been
achieved, the hearing officer shall prepare a recommended order, including
findings of fact, to be submitted to the court, and all parties and the
Department shall sign the recommended order at the time of the hearing. The
recommended order will then be submitted to the court for its immediate
consideration and the entry of an appropriate order.
The court may enter an order consistent with the recommended order without
further hearing or notice to the parties, may refer the matter to the hearing
officer for further proceedings, or may hold such additional hearings as the
court deems necessary. All parties present at the hearing and the Department
shall be tendered a copy of the court's order at the conclusion of the hearing.
(c) If one or more parties are not present at the permanency hearing, or
any party or the Department of Children and Family Services objects to the
hearing officer's recommended order, including any findings of fact, the
hearing officer shall set the matter for a judicial determination within 30
days of the permanency hearing for the entry of the recommended order or for
receipt of the parties' objections. Any objections shall be in writing
and identify the specific
findings or recommendations that are contested, the basis for the objections,
and the evidence or applicable law supporting the objection. The recommended
order and its contents may not be disclosed to anyone other than the parties
and the Department or other agency unless otherwise specifically ordered by a
judge of the court.
Following the receipt of objections consistent with this subsection from any
party or the Department of Children and Family Services to the hearing
officer's recommended orders, the court shall make a judicial determination of
those portions of the order to which objections were made, and shall enter an
appropriate order. The court may refuse to review any objections that fail to
meet the requirements of this subsection.
(d) The following are judicial functions and shall be performed only by a
circuit judge or associate judge:
90-87, eff. 9-1-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98.)
(705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
Sec. 2-29.
Adoption; appointment of guardian with power to consent.
(1) With leave of the court, a minor who is the subject of an
abuse, neglect, or dependency petition under this
Act
may be the subject of a petition for adoption under the Adoption Act.
(1.1) The
parent or parents of a child in whose interest a petition under Section 2-13
of this Act is pending may, in the manner
required by the Adoption Act, (a) surrender him
or her for adoption to an agency legally authorized or licensed to place
children for adoption, (b) consent to his or her adoption, or (c) consent to
his or her adoption by a specified person or persons. Nothing in this
Section requires that the parent or parents execute the surrender, consent, or
consent to adoption by a specified person in open court.
(2) If a petition or motion alleges and the court
finds that it
is in the
best
interest of the minor that parental rights be terminated and the petition or
motion requests that a guardian of
the person be appointed and
authorized to consent to the adoption of the minor, the court,
with the consent of the parents, if living, or after finding,
based
upon clear
and convincing evidence, that a
parent is an unfit person as defined in Section 1 of the Adoption Act, may
terminate parental rights and empower the guardian of the
person of the minor, in the order appointing him or her as such guardian, to
appear in court where any proceedings for the adoption of the minor may at
any time be pending and to consent to the adoption. Such consent is
sufficient to authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice to, or consent
by, the parents of the minor. An order so empowering the guardian to
consent to adoption deprives the parents of the
minor of all legal rights as respects the minor and relieves them of all
parental responsibility for him or her, and frees the minor from all
obligations of maintenance and obedience to his or her natural parents.
If the minor is over 14 years of age, the court may, in its discretion,
consider the wishes of the minor in determining whether the best interests
of the minor would be promoted by the finding of the unfitness of a
non-consenting parent.
(2.1) Notice to a parent who has appeared or been served with summons
personally or by certified mail, and for whom an order of default has been
entered on the petition for wardship and has not been set aside shall be
provided in accordance with Supreme Court Rule 11. Notice to a parent who was
served by publication and for whom an order of default has been entered on the
petition for wardship and has not been set aside shall be provided in
accordance with Sections 2-15 and 2-16.
(3) Parental consent to the order terminating
parental rights and authorizing the
guardian of the person
to consent to adoption of the minor must be in writing and signed in the form provided
in the Adoption Act,
but no names of petitioners for adoption need be included.
(4) A finding of the
unfitness of a parent must be made in compliance with the
Adoption Act, without regard to the likelihood that the child will be placed
for adoption, and be based upon clear and convincing
evidence. Provisions of the Adoption Act relating to minor
parents and to mentally ill
or mentally deficient parents apply to proceedings under this Section and
any findings with respect to such parents shall be based upon clear and
convincing evidence.
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. 90-443);
90-28, eff. 1-1-98; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98.)
(705 ILCS 405/2-30) (from Ch. 37, par. 802-30)
Sec. 2-30.
Notice to putative father; service.
1. Upon the written request to any clerk of any circuit court by any
interested party, including persons intending to adopt a child, a child
welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of a
child, or any attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is served in
other proceedings under this Act, or in lieu of personal service,
service may be made as follows:
2. The notice shall be signed by the clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date). The mother of said child is .....
The mother has indicated she intends to place the child for adoption
or otherwise have a judgment entered terminating her rights with respect
to such child.
As the alleged father of said child, you have certain legal rights
with respect to said child, including the right to notice of the filing
of proceedings instituted for the termination of your parental rights
regarding said child. If you wish to retain your rights with respect to
said child, you must file with the Clerk of this Circuit Court of .....
County, Illinois, whose address is ....., ....., Illinois, within 30 days
after the date of receipt of this notice, a declaration of paternity
stating that you are, in fact, the father of said child and that you
intend to retain your legal rights with respect to said child, or
request to be notified of any further proceedings with respect to
custody, termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to said child,
including the right to notice of any future proceedings for the adoption
of said child, may be terminated without any further notice to you. When
your legal rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of said child.
If you are not the father of said child, you may file with the Clerk
of this Court, a disclaimer of paternity which will be noted in the
Clerk's file and you will receive no further notice with respect to said
child.".
The disclaimer of paternity shall be substantially as follows:
)
) No. )
)
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child. I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother. This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading and consent to an immediate hearing
on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH
THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD.
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
...........
(signature)
Dated (insert date).
Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents, if any, shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity, he shall be
deemed not to be the father of the child with respect to any adoption or
other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An order or
judgment may be entered in such proceeding terminating all of his rights
with respect to said child without further notice to him.
5. If the putative father files a declaration of paternity or a request
for notice in accordance with subsection 2 with respect to the child, he
shall be given notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights of the
child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article. All such records shall be impounded.
(Source: P.A. 91-357, eff. 7-29-99.)
(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
Sec. 2-31. Duration of wardship and discharge of proceedings.
(1) All proceedings under Article II of this Act in respect of any minor
automatically terminate upon his or her attaining the age of 21 years.
(2) Whenever the court determines, and makes written factual findings, that
health, safety, and the best interests of the minor and
the public no longer require the wardship of the court, the court shall
order the wardship terminated and all proceedings under this Act respecting
that minor finally closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship theretofore ordered
but the termination must be made in compliance with Section 2-28. When terminating wardship under this Section, if the minor is over 18 or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public: (A) the minor's wishes regarding case closure; (B) the manner in which the minor will maintain independence without services from the Department; (C) the minor's engagement in services including placement offered by the Department; (D) if the minor is not engaged, the Department's efforts to engage the minor; (E) the nature of communication between the minor and the Department; (F) the minor's involvement in other State systems or services; (G) the minor's connections with family and other community support; and (H) any other factor the court deems relevant. The minor's lack of cooperation with services provided by the Department of Children and Family Services shall not by itself be considered sufficient evidence that the minor is prepared to live independently and that it is in the best interest of the minor to terminate wardship. It shall not be in the minor's best interest to terminate wardship of a minor over the age of 18 who is in the guardianship of the Department of Children and Family Services if the Department has not made reasonable efforts to ensure that the minor has documents necessary for adult living as provided in Section 35.10 of the Children and Family Services Act.
(3) The wardship of the minor and any custodianship or guardianship
respecting the minor for whom a petition was filed after July 24, 1991 (the effective
date of Public Act 87-14) automatically terminates when he
attains the age of 19 years, except as set forth in subsection (1) of this
Section. The clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that reason. The provisions of this subsection (3) become inoperative on and after July 12, 2019 (the effective date of Public Act 101-78).
(4) Notwithstanding any provision of law to the contrary, the changes made by Public Act 101-78 apply to all cases that are pending on or after July 12, 2019 (the effective date of Public Act 101-78).
(Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
(705 ILCS 405/2-32)
Sec. 2-32.
Time limit for relief from final order pursuant to a petition
under Section 2-1401 of the Code of Civil Procedure. A petition for relief
from a final order entered in a proceeding under this Act, after 30 days from
the entry thereof under the provisions of Section 2-1401 of the Code of Civil
Procedure or otherwise, must be filed not later than one year after the
entry
of the order or judgment.
(Source: P.A. 90-27, eff. 1-1-98; 90-608, eff. 6-30-98.)
(705 ILCS 405/2-33)
Sec. 2-33. Supplemental petition to reinstate wardship.
(1) Any time prior to a minor's 18th birthday, pursuant to a supplemental
petition filed under this Section, the court may reinstate wardship and open a
previously closed case when:
(2) Any time prior to a minor's 21st birthday, pursuant to a supplemental petition filed under this Section, the court may reinstate wardship and open a previously closed case when:
(3) The supplemental petition must be filed in the same proceeding in which
the original adjudication order was entered. Unless excused by court for good
cause shown, the petitioner shall give notice of the time and place of the
hearing on the supplemental petition, in person or by mail, to the minor, if
the
minor is 14 years of age or older, and to the parties to the juvenile court
proceeding.
Notice shall be provided at least 3 court days in advance of the hearing
date.
(3.5) Whenever a petition is filed to reinstate wardship pursuant to subsection (1), prior to granting the
petition, the court may order the Department of Children and Family Services to assess the minor's current
and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest
of the minor during the pendency of the petition to assist the court in making that determination.
(4) A minor who is the subject of a petition to reinstate wardship under this Section shall be provided with representation in accordance with Sections 1-5 and 2-17 of this Act.
(5) Whenever a minor is committed to the Department of Children and Family Services for care and services following the reinstatement of wardship under this Section, the Department shall:
(705 ILCS 405/2-34)
Sec. 2-34. Motion to reinstate parental rights.
(1) For purposes of this subsection (1), the term "parent" refers to the person or persons whose rights were terminated as described in paragraph (a) of this subsection; and the term "minor" means a person under the age of 21 years subject to this Act for whom the Department of Children and Family Services Guardianship Administrator is appointed the temporary custodian or guardian.
A motion to reinstate parental rights may be filed only by the Department of Children and Family Services or the minor regarding any minor who is presently a ward of the court under Article II of this Act when all the conditions set out in paragraphs (a), (b), (c), (d), (e), (f), and (g) of this subsection (1) are met:
(2) The motion may be filed only by the Department of Children and Family Services or by the minor. Unless excused by the court for good cause shown, the movant shall give notice of the time and place of the hearing on the motion, in person or by mail, to the parties to the juvenile court proceeding. Notice shall be provided at least 14 days in advance of the hearing date. The motion shall include the allegations required in subsection (1) of this Section.
(3) Any party may file a motion to dismiss the motion with prejudice on the basis that the parent has intentionally acted to prevent the child from being adopted, after parental rights were terminated or the parent intentionally acted to disrupt the child's adoption. If the court finds by a
preponderance of the evidence that the parent has intentionally acted to prevent the child from being adopted, after parental rights were terminated or that the parent intentionally acted
to disrupt the child's adoption, the court shall dismiss the petition with prejudice.
(4) The court shall not grant a motion for reinstatement of parental rights unless the court finds that the motion is supported by clear and convincing evidence. In ruling on a motion to reinstate parental rights, the court shall make findings consistent with the requirements in subsection (1) of this Section. The court shall consider the reasons why the child was initially brought to the attention of the court, the history of the child's case as it relates to the parent seeking reinstatement, and the current circumstances of the parent for whom reinstatement of rights is sought. If reinstatement is being considered subsequent to a finding of unfitness pursuant to Section 2-29 of this Act having been entered with respect to the parent whose rights are being restored, the court in determining the minor's best interest shall consider, in addition to the factors set forth in paragraph (4.05) of Section 1-3 of this Act, the specific grounds upon which the unfitness findings were made. Upon the entry of an order granting a motion to reinstate parental rights, parental rights of the parent named in the order shall be reinstated, any previous order appointing a guardian with the power to consent to adoption shall be void and with respect to the parent named in the order, any consent shall be void.
(5) If the case is post-disposition, the court, upon the entry of an order granting a motion to reinstate parental rights, shall schedule the matter for a permanency hearing pursuant to Section 2-28 of this Act within 45 days.
(6) Custody of the minor shall not be restored to the parent, except by order of court pursuant to subsection (4) of Section 2-28 of this Act.
(7) In any case involving a child over the age of 13 who meets the criteria established in this Section for reinstatement of parental rights, the Department of Children and Family Services shall conduct an assessment of the child's circumstances to assist in future planning for the child, including, but not limited to a determination regarding the appropriateness of filing a motion to reinstate parental rights.
(8) (Blank).
(Source: P.A. 98-477, eff. 8-16-13.)